Victim's legal heir may continue prosecution and file a protest petition under the amended criminal procedure framework.

Section 2(wa) of the Code of Criminal Procedure gives express recognition to a victim, including the victim's legal heir, within the criminal process. On that basis, legal heirs of a deceased de facto complainant are not strangers to the proceedings and may be permitted to continue the prosecution where the Code and the circumstances justify their participation. The amended victim-oriented scheme treats the victim as an aggrieved person throughout investigation, inquiry, trial, appeal, and revision, and permission under Section 302 to continue the matter and file a naraji or protest petition is consistent with that framework.

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Issues: Whether the legal heirs of a deceased de-facto complainant, recognised as victims, could be permitted to continue the prosecution and file a naraji/protest petition under the Code of Criminal Procedure, 1973.

Analysis: The Court noted that the statutory amendment introducing Section 2(wa) of the Code of Criminal Procedure, 1973 gave express recognition to the concept of a victim and included the victim's legal heir within that definition. Relying on the post-amendment scheme of the Code, the Court held that the victim is an aggrieved person throughout investigation, inquiry, trial, appeal, and revision, and that the legal heirs of a deceased victim are not strangers to the proceedings. In that setting, the permission granted under Section 302 of the Code of Criminal Procedure, 1973 to continue the prosecution and to file a naraji petition was treated as consistent with the victim-oriented framework of the amended Code.

Conclusion: The Court held that there was no illegality or infirmity in allowing the deceased complainant's legal heirs to continue the matter and file the naraji petition.

Final Conclusion: The revisional challenge failed and the impugned order permitting the legal heirs to proceed in place of the deceased de-facto complainant was sustained.

Ratio Decidendi: After the amendment introducing the definition of victim, the legal heir of a deceased victim has sufficient statutory recognition to participate in the criminal proceeding and may be permitted to continue the prosecution where the Code and the circumstances justify such participation.

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